Court may order the State to reimburse the victims or their representatives reasonable
subsequent expenses that are duly authenticated.
4. Reimbursement of the expenses to the Victims’ Legal Assistance Fund
384. In 2008, the General Assembly of the Organization of American States created the
Legal Assistance Fund of the inter-American human rights system “to facilitate access to the
inter-American human rights system by persons who currently lack the resources needed to
bring their cases before the system.”446 In the instant case, the victims were granted the
necessary financial assistance from the Fund to present one testimony and the opinion of an
expert witness at the public hearing held in Costa Rica, as well as the expenses of the
preparation and forwarding of a statement made by affidavit (supra para. 7).
385. The State had the opportunity to present its observations on the disbursements
made in the instant case, which amount to US$3,232.16 (three thousand two hundred and
thirty-two United States dollars and sixteen cents); however, it did not present any
observations in this regard (supra para. 9). Consequently, in application of Article 5 of the
Fund’s Rules of Procedure, the Court must assess whether it is appropriate to order the
defendant State to reimburse the expenditure incurred to the Inter-American Court’s Legal
Assistance Fund.
386. Owing to the violations declared in this judgment, the Court orders the State to
reimburse the said Fund the sum of US$3,232.16 (three thousand two hundred and thirtytwo United States dollars and sixteen cents) for the expenses incurred for the appearance of
one deponent and one expert witness at the public hearing in this case, as well as the
presentation of a statement by affidavit. This amount must be reimbursed to the Court
within 90 day of notification of this judgment.
5. Method of complying with the payments ordered
387. The State must pay the compensation for pecuniary and non-pecuniary damage and
the reimbursement of costs and expenses established in this judgment directly to the
persons and organizations indicated herein, within one year of notification of the judgment,
as established in the following paragraphs.
388. If the beneficiaries should be deceased or die before they receive the respective
compensation, this shall be delivered directly to their heirs, in accordance with the
applicable domestic law.
389. The State must comply with its pecuniary obligations by payment in United States
dollars or the equivalent in Bolívares Fuertes, using the exchange rate in force on the New
York market the day before the payment to make the respective calculation.
390. If, for reasons that can be attributed to the beneficiaries of the compensation or their
heirs, it is not possible to pay the amounts determined within the period indicated, the State
shall deposit the said amounts in their favor in an account or deposit certificate in a solvent
Venezuelan financial institution, in United States dollars, and in the most favorable financial
446
AG/RES. 2426 (XXXVIII-O/08), resolution adopted by the
fourth plenary session, held on June 3, 2008, “Establishment of the
Human Rights System,” operative paragraph 2(a), and CP/RES. 963
11, 2009, by the OAS Permanent Council, “Rules of Procedure for the
Inter-American Human Rights System,” article 1(1).
114
thirty-eighth OAS General Assembly at the
Legal Assistance Fund of the Inter-American
(1728/09), Resolution adopted on November
Operation of the Legal Assistance Fund of the
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